Some plea deals don't seem like good deals

Published 12:00 am, Wednesday, March 9, 2011

In sex cases, prosecutors very often say they were cut to "spare the victims" the traumatic experience of testifying.

And one can imagine how extremely difficult and awkward it must be to convince the victim of a horrific crime to take the witness stand.

But sparing a victim from testifying can also spare a sexual predator additional time in prison.

It raises a question: Should victims testify -- as difficult and emotionally devastating as that may be -- for the greater good of justice and public safety?

Many people might be asking themselves that very question following the recent disposition of the case of disgraced ex-physician Phillip Riback, a once-renowned pediatric neurologist whose 2004 conviction on sex offenses was overturned in 2009 by the state's highest court.

Riback served 5 1/2 years of a 48-year sentence for 28 counts including sodomy, forcible touching and sexual abuse of young patients in his Colonie office. In January he pleaded guilty in January to first-degree sex abuse. He will be on probation for 10 years as a Level 3 sex offender and can never be a doctor again.

But he is free.

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On March 2, following his sentencing, Riback, 53, walked out of Albany County Court with his attorneys and his father. He received no further jail time.

The reason for the plea deal? Prosecutors said the victims, now mostly young adults, would have had to testify.

"This far into the healing process," Assistant District Attorney Shannon Sarfoh told Judge Stephen Herrick, "most of them were unwilling to endure that again."

That Riback received a favorable sentence was made clear by the prosecution and judge. Sarfoh told the judge: "The disposition here does not truly contemplate the gravity of the effect of these crimes on those families, as those children are forever altered."

And Herrick told Riback: "You have benefited from your harmful actions because of the passage of time and in many cases ... the boys' reluctance to once again live through their experience in a public trial."

Said the father of one victim: "I feel like he got off the hook easy."

Prosecutors often face a tough time convincing witnesses to testify. At the same time, Sarfoh is not unique in cutting such a deal. Prosecutors make plea bargains all the time -- and, depending on how much proof they have, they often have little choice.

Of course, the results can be perplexing. In 2007, Albany County prosecutors cut a plea deal with Dalo Richard, a 385-pound former health aide who raped a blind, mentally retarded quadriplegic woman.

Given the fact that the victim was impregnated and, because of her disabilities, could not give consent -- the defendant's room for negotiation would appear to have been nil. But at the time, then-Chief Assistant District Attorney Mark Harris said it "would have been a circus" if the victim was brought into court, adding, "I wasn't about to do that."

Richard received an 18-year sentence in the plea.

Defense attorney Cheryl Coleman, a former prosecutor in Albany, suggested more happens behind the scenes than is apparent.

"I very seldom ever take a DA at their word when they say they're trying to spare the victim from testifying," she said. "That's usually the company line for 'something's wrong with our case.' Usually, even if it's going to be difficult or emotionally trying for a complainant to testify, they usually do it anyway."

The sessions are designed to help attorneys ''enhance their courtroom skills and strengthen their overall client service capabilities," said DeLorenzo, managing partner of The DeLorenzo Law Firm.

"It's essential that we help young lawyers, especially, develop the skills they need to become strong, effective advocates, and I'm honored to help lead these efforts in my home county," the 46-year-old Rotterdam native said.

DeLorenzo, a graduate of Siena College who received his law degree from Pace University in White Plains, was Rotterdam town attorney from 1998 to 2002.

His father, Thomas DeLorenzo, is in his 52nd year with the firm, which specializes in personal injury law, real estate, business and commercial litigation and family law.